Tier 2 Visas replace the UK Work Permit scheme. Tier 2 Work Permits allow skilled candidates with a job offer to immigrate to the UK. Highly Skilled Migrants without a job offer may qualify for a Tier 1 Visa instead.
Tier 2 immigration offers the possibility of permanent residence in the UK. Candidates living and working in the UK for five years may qualify for Indefinite Leave to remain (ILR). After a further year, a candidate may qualify for British Naturalisation as a UK citizen.
Sponsorship Licence
Employers will be required to sponsor the prospective employee. Before a non-EEA national can obtain a Tier 2 Visa, the employer will need to issue the candidate a Certificate of Sponsorship.
Employers must first obtain a Sponsorship Licence to enable them to issue Certificates of Sponsorship.
Employers are awarded either an A or B level Sponsorship Licence, depending on the Home Office's risk assessment. Employers will be awarded an A rating in most cases.
Employers are responsible for ensuring that candidates are eligible and suitable to fill the positions being offered, and accountable when the system is abused. The employer may undergo immigration compliance checks.
Where employers do not fulfil their responsibilities they will be downgraded to a B rating, or have their Sponsorship Licence withdrawn.
Eligibility
Non-EEA nationals must have an offer of employment before making a Tier 2 Work Permit application.
Employers must show the vacancy is genuine with remuneration equal to that which a resident worker would receive in a similar position, when issuing a Certificate of Sponsorship.
An employer must indicate they have satisfied one of the following conditions when applying:
- the salary of the job is at least £40,000 a year
- the job appears on the list of Home Office Shortage Occupations
- the employer has completed a resident labour market test demonstrating they could not fill the job with an applicant from the European Economic Area (EEA)
- the candidate was employed with an overseas branch of the employer for the last six months
- the candidate is a religious worker
- the candidate is a sportsperson
Tier 2 Work Permit candidates are assessed with a points test, with 50 points required to qualify.
Qualifications
The role must require a qualification that is no lower than National Vocation Qualification (NVQ) level 3.
| Qualification Points | |
|---|---|
| PhD | 15 points |
| Master's Degree | 10 points |
| Bachelor's Degree | 10 points |
| NVQ level 3 qualification | 5 points |
Prospective Earnings
| Prospective Earnings Points | |
|---|---|
| In Excess of £21,000 | 20 Points |
| £19,500- £21,000 | 15 points |
| £18,000- £19,500 | 10 points |
| £15,000- £18,000 | 5 points |
Occupation Demand
Employers will not need to complete a resident labour market test for shortage occupations. An occupation on the Shortage List is accepted to difficult to fill with a resident worker. Where positions do not appear on the list, employers must show they have made an attempt to find a resident worker.
| Occupation Demand | |
|---|---|
| Shortage positions | 50 points |
| Other positions | 30 points |
Intra-company Transfers
Applying for an Intra Company Transfer (ICT) under tier 2 allows a candidate to transfer from an overseas branch of a UK company.
| Candidates from an overseas Branch | |
|---|---|
| ICT position | 50 points |
Dependants
The applicant's spouse, unmarried, or civil partner, along with any children can also move to the UK. Dependants are granted the same period of leave as the main tier 2 applicant.
Do I need a lawyer?
Mulberry Finch have the expertise to assist you with Tier 2 immigration. If you would like to know more about coming to the UK on a tier 2 work permit, or you need to apply for a sponsorship licence call Mulberry Finch today.
We operate on a flat fee structure, providing full immigration compliance services to help you fulfil your sponsorship responsibilities and maintain or regain your A rating.
